California law allows people to seek compensation if they get hurt in truck accidents in Sacramento. One type of compensation is punitive damages. However, this money is only available if the truck driver, trucking company, or other at-fault party engaged in outrageous and dangerous conduct.
If you or a loved one sustained injuries in a tractor-trailer collision, the experienced Sacramento truck accident lawyers at Demas Law Group can evaluate your case to determine whether punitive damages are warranted and help get you the justice you deserve. Contact us today for a free consultation.
What Are Punitive Damages?
Punitive damages, which are called exemplary damages in California, are a special form of compensation awarded to punish the wrongdoer and try to prevent future misconduct. Under California law, punitive truck accident damages are only possible if the truck driver or trucking company engaged in fraud, malice, or willful misconduct (oppression).
What Is the Difference Between Compensatory and Punitive Damages?
Compensatory damages reimburse the victim for losses suffered after an accident. They include money for losses like medical bills, lost wages, property damage, car repairs, and pain and suffering.
Unlike compensatory damages, punitive damages are not meant to give the victim back something they’ve lost. Punitive damages serve only as punishment and deterrence for the at-fault party.
Eligibility for Punitive Damages in a Sacramento Truck Accident Case
Not all trucking accident cases are eligible for punitive damages. Punitive damages in Sacramento require clear and convincing proof of the driver’s or trucking company’s egregious conduct. California courts also consider:
- The reprehensible nature of the act
- The deterrence value of punitive damages
- Whether the wrongdoer has the financial resources to pay punitive damages
A Sacramento truck accident can determine whether punitive damages are possible in your case.
In What Situations Do Punitive Damages Apply?
Punitive damages are only available when you file a truck accident lawsuit and take the case to court. Additionally, they apply only in extreme circumstances, which may include:
- Hit and run
- Driving under the influence (DUI)
- Texting while driving
- Excessive speeding
- Intentionally driving with defective brakes
- Driving while fatigued
Trucking companies may also be liable for punitive damages if they violated federal and state trucking laws, negligently maintained trucks, or employed drivers with substance abuse, speeding records, or a history of other behavior that increased the likelihood of a truck crash.
How to Claim Sacramento Punitive Damages
In a Sacramento truck accident claim, the injured party must specifically ask for punitive damages and show that the wrongdoer:
- Intentionally concealed, knowingly deceived, or misrepresented facts that deprived the victim of a legal right or otherwise injured the victim
- Intended to cause the victim injury or death through a malicious intent to harm
- Engaged in conduct reckless enough to show a conscious disregard for others’ safety, which can also be malice
- Engaged in despicable conduct that subjected the victim to cruel and unjust hardship, with an intentional disregard for the victim’s rights
How Can a Truck Accident Lawyer Help?
Understanding the complex nuances that lead to an award of punitive truck accident damages requires the help of an experienced lawyer. Our Sacramento truck accident attorneys have the knowledge, resources, and track record to take on large, deep-pocketed insurance and trucking companies. We can collect evidence, document your medical expenses, access trucking logs, and calculate your losses. We will aggressively fight for maximum compensation for you.
Contact a Sacramento Truck Accident Lawyer Now
For years, truck accident victims have turned to Demas Law Group for help demanding fair compensation after collisions with large trucks. Contact us today for a free case evaluation with a Sacramento truck accident attorney. We’ll listen to your story, assess your legal options, and help you make an informed decision about your truck accident claim in Sacramento.
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